This Merchant Terms and Conditions (“T&C” or “Agreement”) is between the Merchant (“You”) and FairMoney Microfinance Bank Limited (“FairMoney” or “the Company”) which takes effect on the date this T&C is accepted by the Merchant (which expression shall whenever the context so admits include the successors-in-title, representative, and assigns) that signs up to the PayForce by FairMoney Service (“FairMoney Service”).
This T&C applies to and binds all Merchants/Users of the FairMoney Service and their Employees/Representatives. Your continued usage of the FairMoney Service indicates your consent to be bound by the T&C outlined hereunder.BACKGROUND
- A. FairMoney Microfinance Bank Limited (“FairMoney” or “the Company”) is a microfinance bank licensed by the Central Bank of Nigeria.
- B. The Merchant has entered into this Agreement with the Company to leverage the Company’s electronic payment software and deploy Point of Sale (POS) Terminals in the Merchant’s outlets for the purpose of providing card present cash-out services, fund transfer services, bills payments, cash deposits and withdrawals to its customers (“FairMoney Service”).
- C. The Company has agreed to provide the Merchant with POS Terminals and/or access to the FairMoney Service.
NOW, THEREFORE this Agreement outlines the terms and conditions applicable to the Parties as follows;
1. SIGN-UP CONDITION OF USE
- a. To use the FairMoney Service, you must first sign-up by registering your details through our Mobile App. As part of the signup process, you will need to accept these Terms and Conditions and our Privacy Policy, and you must have the legal capacity to accept same. If you order additional services, you may be asked to accept additional terms and conditions
- b. If you are an individual, you must be 18 years or older to use our services and by signing up to the FairMoney Service, you declare that you are 18 years or older. This does not apply to products for which we may set a different age limit. We may require at any time that you provide evidence of your age.
- c. If you are signing up under the name of a corporate entity, the entity must be duly registered by the Corporate Affairs Commission (CAC).
- d. By signing up for the FairMoney Service, you represent and warrant to us that your actions do not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.
2. KNOW YOUR CUSTOMER (KYC) OBLIGATIONS
To meet our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, the Merchant agrees to the following:
- a. It shall provide the Company with all the requisite KYC information (“Personal Information”) during the onboarding process. This personal information shall include but not limited to; full name, date of birth, Bank Verification Number (“BVN”), current residential and company address, account details, National Identification Number (“NIN”), copy of a valid Government issued ID (national ID, international passport, permanent voter’s card or driver’s license), a copy of recent utility bill, bank statement, affidavit, or another bill, dated within three months of our request, which carries your name and address, and any other information or document as we may require for our internal risk assessment.
- b. The Merchant warrants that all information and documentation provided to us are true, correct, and accurate. You also undertake to immediately notify us of any changes to the information or documentation which you have provided.
- c. The Merchant confirms that the Company reserves the right to take appropriate measures, including legal actions if the information provided is found to be false.
- d. You hereby consent to FairMoney verifying your Personal Information and the Relevant Information and processing the Personal Information and the Relevant Information to the extent necessary in FairMoney's opinion for the provision of the Services.
- e. You agree to indemnify and hold FairMoney and its Third- Party Partners harmless with respect to any claims, losses, liabilities, and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
- f. FairMoney reserves the right to request further information from you pertaining to your use of the Services at any time. Failure to provide such information within the time required by FairMoney may result in FairMoney declining to accept your application for an Account or access to the Services.
- g. The Merchant shall conduct KYC on its employees/representatives and keep the records for the duration of its relationship with the employees/representatives and five (5) years after the relationship has been terminated.
- h. Upon request, it shall provide the Company with a comprehensive list, along with particulars and locations of the Company’s POS Terminals and employees/representatives handling the assigned POS Terminals.
- i. It shall ensure that all the employees/representatives signed under it shall comply with the terms of this Agreement by executing a similar Agreement in this regard with its employees.
- j. This T&C applies to the Merchant, its representatives, and employees. The Merchant shall be held responsible for any breach of the terms contained in this Agreement committed by any of its employees/representatives.
3. COMMENCEMENT AND DURATION
Unless otherwise agreed by the parties in writing, this Agreement shall commence on the Effective Date (date of acceptance of this Agreement) and shall remain in force until this Agreement is terminated by either party in writing, subject to the terms of this Agreement and any subsequent amendments made by the Company.
- a. The Merchant agrees to lease each P.O.S Terminal for the duration of the Merchant’s business relationship with the Company. The lease fee payable by the Merchant shall serve as a subscription fee for the use of the FairMoney Service and a caution fee for each leased POS Terminal.
- b. The Transaction Charges payable to the Company for the use of the FairMoney Service shall be separately provided by the FairMoney Team upon execution of this Agreement, and the Company reserves the right to review the fees and communicate same to the Merchant.
5. OBLIGATIONS OF THE COMPANY
The Company shall:
- a. Issue functional POS Terminals to the Merchant as requested and upon the acceptance of this Agreement.
- b. Grant the Merchant access to the FairMoney Service for the purpose of providing card-present cash-out services, fund transfer services, bill payments, cash deposits/withdrawals, and other related services to its customers.
- c. Use all reasonable endeavours to ensure that the FairMoney Service is available at all times, except for scheduled or emergency maintenance requirements.
- d. Provide the requisite technical specification and support in respect of the FairMoney Service.
6. OBLIGATIONS OF MERCHANT
The Merchant shall:
- a. Carry out daily transactions on the assigned POS Terminals. If any assigned Terminal is inactive for a period exceeding three weeks, the Company reserves the right to retrieve the Terminal in line with the terms contained in this Agreement.
- b. Ensure proper handling of POS Terminals.
i. Each POS Terminal issued to the Merchant has a six (6) months warranty from the date of issue. The six (6) months warranty only applies to factory faults/defects on the Terminal's software or hardware.
ii. All factory faults/defects shall be evaluated and determined by the Company’s technicians. In the event that the factory fault/defect cannot be fixed, the Terminal will be replaced accordingly.
iii. The Merchant understands that it shall be held liable and accountable for the repairs or replacement of any Terminal issued to it which is unduly, negligently or wilfully damaged by its Merchants/employees/representatives.
iv. Consequently, the Merchant agrees that it is responsible for the payment of any replacement or repairs carried out on each Terminal, save for the factory faults/defects covered by the six (6) months warranty.
v. The Merchant commits to setting up safeguards to ensure that the POS Terminals are handled with the utmost care and caution.
vi. All POS Terminals issued to the Merchant MUST NOT BE TAMPERED WITH or taken to a third-party technician for repairs. In the event of any fault or damage (software or hardware), the POS Terminals must be returned to the Company’s office immediately for repairs.
vii. Tampering with the POS Terminal is considered a breach of this Agreement, which could lead to the termination of this Agreement. In the event that the Company discovers that the POS Terminal issued to the Merchant has been tampered with, the POS Terminal shall be repossessed immediately, and the Merchant shall be liable for any damage or loss which occurred as a result of such tampering
viii. When returning a POS Terminal, the entire package (carton containing the POS Terminal charger and SIM card) must be returned together without damage, save for the usual wear and tear from prolonged usage. If the Terminal is not returned intact, the Merchant shall bear the cost of replacing the damaged or lost items.
ix. The Merchant is responsible for the actions of its employees and shall be held liable for any negligent and/or fraudulent actions perpetrated by its employees/representatives in the course of using the FairMoney Service.
- a. You may access the available funds in your Account at any time. While we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services “as is” and without any warranties.
- b. All payments will be processed in Nigerian local currency i.e. Naira and Kobo.
- c. FairMoney will send you a receipt of all transactions effected from your FairMoney Account; this message may be sent via SMS, email, or another available channel
- d. Some transactions may require you to input your pre- configured PIN, you are solely responsible for maintaining the confidentiality of your PIN and login details of your Account. You must protect the secrecy of your PIN and login details and prevent fraudulent use of the same.
- e. As required by the Central Bank of Nigeria (“CBN”), there are daily limits on your Account or Wallet. You can increase or reduce these limits by providing FairMoney with the required information, subject to the restrictions listed herein and as mandated by the CBN
- f. We will verify and confirm any record of transactions in your Account. Our records will be taken as correct unless the contrary is proved.
- g. FairMoney adopts a KYC-level categorization with the applicable transaction limits. You may not withdraw, transfer or make any payments that together exceed any of the per transaction or daily limits defined for your category. Should you attempt to exceed any applicable limits, your transactions will be declined.
- h. FairMoney may, acting reasonably and in accordance with regulations set by the CBN, vary the limits at any time and any variation will be notified to customers. Where a deposit exceeding the transaction limit for your category is made to your Account, we will inform you to upgrade your Account to the category that applies to such deposit within seven (7) days. In the event that you fail to upgrade your Account to the required category, we reserve the right to place a restriction on your Account until such upgrade to the required category is effected.
- i. The Merchant must ensure that its employees/representatives do not use the FairMoney Service to perpetrate any fraudulent or criminal activity.
- j. The Merchant and employees/representatives must always look out for suspicious customers, e.g. use of different cards, excessive PIN trial errors, etc.
- k. Fraudulent transactions shall include but not be limited to:
i. Any purchase and/or transaction arising from the use of a card by a person other than the authorized cardholder.
ii. Use of a card in a manner that is not authorized by the cardholder and not in accordance with the rules governing the issuance and use of cards.
iii.Unauthorized access to an account or POS Terminal that does not belong to the Merchant.
iv. Use of FairMoney Account or POS Terminals for criminal activities.
- l. In the event that any transaction carried out on the Merchant’s POS Terminal or Account is flagged “fraudulent” by the Company or the Bank, the Merchant hereby authorizes the transfer of its KYC information and its employee/representative’s information to the requisite authority and/or Bank for further investigations to be carried out.
m. Prohibited Transactions:
i. It is strictly forbidden to send or receive payments as consideration for the sale or supply of:
- Hard drugs and drug paraphernalia
- Weapons (including without limitation, knives, guns, firearms, or ammunition)
- Satellite and cable TV descramblers
- Pornography, adult material, material that incites violence, hatred, racism, or which is considered obscene
- Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses)
- Cryptocurrency Services
- Unregistered charity services Items which encourage or facilitate illegal activities
- Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services
- Multi-level marketing, pyramid selling or Ponzi schemes, matrix programs or other “get rich quick” schemes or high-yield investment programs
- Goods or services that infringe the intellectual property rights of a third party.
- Activities defined as illegal by the CBN and laws of the Federal Republic of Nigeria.
ii. It is strictly forbidden to use your FairMoney Account for any prohibited or illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency.
iii. If you conduct or attempt to conduct any transaction in violation of the prohibitions, we reserve the right to:
- Reverse the transaction;
- Close or suspend your FairMoney Account;
- Report the transaction to the relevant law enforcement agency;
- Claim damages from you; and/or
- Cryptocurrency Services
- Charge you an administration fee in case we apply any of the above
- Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services
- Multi-level marketing, pyramid selling or Ponzi schemes, matrix programs or other “get rich quick” schemes or high-yield investment programs
- Goods or services that infringe the intellectual property rights of a third party.
- Activities defined as illegal by the CBN and laws of the Federal Republic of Nigeria.
8. REPOSSESSION OF POS TERMINALS
- a. The Company maintains the right of repossession over the POS Terminals issued to the Merchant. The continuous use of the POS Terminal is subject to the terms contained herein.
- b. The Company reserves the right to repossess any Terminal under the following circumstances:
i. In the event that this Agreement is terminated by either party in writing;
ii. In the event that the terms of this Agreement have been breached and such breach has not been cured within the time frame provided by the Company;
iii. In the event that the POS Terminal has been used for fraudulent or criminal activities;
iv. In the event that the POS Terminal has been tampered with or damaged;
v. In the event that a faulty Terminal is dropped off at the Company’s office for repairs and the Merchant fails to pay for the repairs done on the Terminal for a period of two (2) weeks and above, from the date the repair was completed; and/or
vi. In the event that a faulty Terminal is dropped off at the Company’s office for repairs and the Merchant has paid for the repairs done on the Terminal and fails to pick up the Terminal from the Company after a period of three (3) weeks from the date, the repair was completed.
- c. This right of repossession shall be exercised at the discretion of the Company.
- d. All costs (including logistics) in relation to the repossession of the POS Terminals shall be solely borne by the Merchant.
- a. Notwithstanding any other provision to the contrary, the Company shall have the right to place a lien on the account, suspend, withhold, or refuse payment indefinitely to any Merchant in the event that the Merchant or its employees/representatives breaches the terms of this Agreement and/or the Company suspects or has evidence of fraud perpetrated by the employees/representatives in respect of any transaction carried out under the FairMoney Service.
- b. In the event of a disputed transaction, our records will be taken as correct unless the contrary is proved.
- c. The POS Receipt printout shall be the only acceptable evidence for accepting or declining a POS dispute claim.
10. SECURITY AND UNAUTHORISED USE
- a. The Merchant is responsible for all transactions conducted using the POS Terminals, Merchant’s computer (personal or otherwise), mobile phone, tablet, or other electronic devices (“Device”), payment card, or account. It is solely the Merchant’s responsibility to keep the Devices secure at all times.
- b. All passwords, usernames, and pins must be kept secret as the Merchant is liable for all activities undertaken using the Merchant’s information or Device. The Merchant is solely responsible for maintaining the confidentiality of all Account Information and keeping the Device from unauthorized use.
- c. FairMoney advises its customers not to give their financial details, such as BVN (Bank Verification Numbers), OTP (One Time Password), and other sensitive financial information to anyone or a third party. FairMoney will not be liable if such details are compromised.
- d. The Company accepts no liability for any unauthorized use of the assigned POS Terminal, Device, Payment Card, or Account or any effects of same resulting from the negligence or willful misconduct of the Merchant.
- e. If the Terminal or Device has been stolen or there is unauthorized access to the Merchant’s Account, it is the Merchant’s responsibility to immediately notify the Company to restrict transactions on the Account by sending an email to frauddesk.ng@fairmoney.io or call customer support at 017001276, 018885577 and 07000102030.
- f. In the event that there are disputes about any purchase or withdrawal on a Payment Card or Account, the Merchant will be required to prove that the transaction was effected without the Merchant’s authorization, and such transaction will be investigated by the Company’s fraud team, once a report is received from the Merchant by email or telephone.
11. SUSPENSION OF ACCESS TO THE PLATFORM
The Company reserves the right to suspend, restrict, or terminate the Merchant’s access to the FairMoney Service (in whole or in part) without any notice or liability in the following circumstances:
- a. Upon receipt of instructions from the Merchant to suspend or terminate its access to the FairMoney Service.
- b. Upon receipt of notification from the Merchant that its device has been lost or stolen.
- c. If the Company reasonably suspects that the FairMoney Service is being used for fraudulent or other criminal activities
- d. If the Merchant has breached the provisions of this Agreement
- e. If the Company is of the informed opinion that the Merchant’s continued access to the FairMoney Service will be detrimental to its business.
- f. If the Merchant provides any untrue, inaccurate, not current, or incomplete information or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete
- a. The Merchant acknowledges that by the use of the FairMoney Service, the Company shall be privy to and process the Personal Information of the Merchant.
- b. The Company shall use its best endeavours to ensure that personal information processed on its system is secured and in line with the Company’s Privacy Policy.
- c. The Company may use the personal information for:
i. providing the agreed services, processing transactions, and sending related information.
ii. providing, maintaining, and improving the Company’s services.
iii. sending support and administrative messages.
iv. responding to inquiries and requests.
v. providing customer support service
vi. sending updates on products, services, promotions, rewards, and events offered by The Company and third- party partners; and
vii. understanding the Merchant's needs by combining them with information collected from others with the objective of improving the Company’s service delivery
- d. We may disclose some information we collect about the Merchant to third parties as set forth below:
i. to regulatory bodies and law enforcement agencies.
ii. to banking partners for audit purposes and in the event of fraud or any criminal investigation.
iii. to companies, such as email and SMS service providers that perform marketing services on our behalf.
iv. to third parties to enable us provide the Service to you; and.
v. if required to be disclosed under applicable law, regulation, decree, rule, or court order
THE MERCHANT HEREBY CONSENTS to the lawful processing and transfer of its information during and after using the FairMoney Service in line with Clause 12 and the Company’s Privacy Policy.
- a. The Company and the Merchant agree to keep strictly confidential all the information and documents received during and after the use of the FairMoney Service and same shall not be privately or publicly released or divulged to any person except for the parties to this Agreement. It is agreed that the personnel, employees/representatives, Merchants, affiliates, and assigns of both Parties having access to any of the Confidential Information, documents, or such matters shall be subject to the same obligations as contained in this Agreement.
- b. Confidential Information means all information or data of a commercial, financial, technical, planning, management, legal, personal, or whatever other nature concerning or relating to one Party (the “Disclosing Party”), its staff, contractors, officers, shareholders, technical partners or subscribers, stored in any way whatsoever including any information relating to the business activities actual or proposed of the Disclosing Party or any of its affiliates or shareholders, which is disclosed directly or indirectly by the Disclosing Party to the other Party (the. “Receiving Party”) or disclosed to the Receiving Party in the course of delivery of the Services, whether before or after the date of this Agreement, whether in writing or drawings, orally or by computer print-out or in any other way whatsoever. .
14. LIMITATION OF LIABILITY
- a. In case of an unauthorized payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:
i. Where the unauthorized payment arises from your failure to keep the personalized security features of your FairMoney Account safe in accordance with the terms of this Agreement, in which case you shall remain liable.
ii. If you fail to notify us without undue delay of a loss of your password or any other event that could reasonably be expected to have compromised the security of your FairMoney Account after you have gained knowledge of such an event, you shall remain liable for losses incurred up to your notification to us.
iii. If the transaction was unauthorized but you have compromised the security of your FairMoney Account with intent or gross negligence, or if you fail to dispute and bring the unauthorized or incorrectly executed transaction to our attention from the date of the transaction, you shall be solely liable for all losses.
- b. Without prejudice to the foregoing, you are asked to check the transaction history of your FairMoney Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns. Contact may be over email (help@fairmoney.ng) or call (01 7001276 / 01 8885577).
- c. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
- d. The Company does not guarantee that the FairMoney Service will be 100% free from downtime or network interruptions. However, the Company shall use its best efforts to ensure that the FairMoney Service is available to carry out transactions.
- e. Subject to the foregoing, FairMoney shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.
- f. Consequently, in no event shall the Company be liable for:
i. Unavailability of the FairMoney Service at any time or the Merchant’s inability to use the FairMoney Service in the event of a downtime.
ii. Any form of delivery or failure thereof by a financial institution, merchant, or telecommunication company listed on the FairMoney Service.
iii. Erroneous input of transaction details.
iv. Any loss arising from any failure or delay in any mobile phone networks or internet service provider or defective Device.
v. Any special, indirect, incidental, punitive, or consequential damages, including loss of profits, or any losses arising from our compliance with legal and regulatory requirements, however, caused in your use of the FairMoney Service.
g. Nothing in this T&C shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
Each Party shall indemnify, defend and hold harmless the other Party, its officers, directors, and employees from and against all damages, claims, demands, liabilities, actions, proceedings, losses, and costs which may be incurred by a Party arising from the actions and negligence of the other Party in its obligations under this Agreement.
The relationship between the Parties shall be that of independent parties and one of collaboration for the single purpose of the business relationship herein created.
No party is intended to have, nor represent to any other person that it has any power, right, or authority to bind the other or to assume or to create any obligation or responsibility, express or implied, on behalf of the other except as expressly provided in this Agreement.
17. INTELLECTUAL PROPERTY
- a. This Agreement does not transfer any interest in Intellectual Property Rights belonging to the Company to the Merchant. All Intellectual Property Rights developed or created by the Company remain the sole property of the Company.
- b. In consideration of agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the FairMoney App on your device, subject to these Terms and Conditions.
- c. The Merchant agrees:
i. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App.
ii. of the App, or permit the App or any part of it to be combined with, or become incorporated in any other programs.
iii. not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that:
- the information obtained by you during such activities is not disclosed or communicated to any third party without our prior written consent; and is not used to create any software that is substantially similar to the App;
- you include our copyright notice on all entire and partial copies you make of the App on any medium; and you undertake not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- you agree to comply with all technology control or export laws and regulations in your country that apply to the technology used or supported by the App or any Service (the Technology).
- d. The Company shall retain all rights, title, and interest in and to all its copyrights, patent rights, and rights in trademarks, service marks, logos, and commercial symbols, as well as all other intellectual property rights and all goodwill associated therewith (collectively, "Intellectual Property") used by both Parties in connection with and pursuant to the purpose of this Agreement.
- e. Neither Party shall acquire any interest in the other Party's Intellectual Property or any other products, services, or materials, or any copies or portions thereof, provided by such Party pursuant to this Agreement, and any commercial use of the Intellectual Property other than pursuant to this Agreement is strictly prohibited.
- f. This clause 16 shall survive termination of this Agreement.
18. MODIFICATION OF TERMS AND CONDITIONS
The Company reserves the right to vary, amend or replace all or any of the terms and conditions at any time and that the continued use of the FairMoney Services shall constitute acceptance of the modified terms and conditions; provided that such variation, amendment or replacement shall be brought to the knowledge of the Merchant at the time, it takes effect.
19. TERMINATION
This Agreement and the obligations set forth herein shall terminate under the following circumstances:
- a. The Agreement shall be terminated immediately if there is a breach by either Party of the terms hereof (which breach is irremediable) or if such breach is remediable, the breaching Party fails to cure such breach within thirty (30) days of receipt of written notice from the other Party requesting that it cures the breach; or.
- b. If either Party gives the other thirty (30) days notice in writing of its intention to determine the Agreement; or.
- c. Where the Company determines that the activities of the Merchant are in contravention to extant laws and detrimental to the business of the Company, this Agreement shall be terminated immediately and without notice.
- d. Termination of this Agreement will be subject to and shall not affect the obligations of the respective Parties incurred or arising prior to such termination becoming effective.
a. No Party to this Agreement shall be liable for any failure to fulfill its obligations under this Agreement, where such failure is caused by circumstances outside the reasonable control of such Party which said events may be any Act of God, insurrection or civil disorder, war or military operations, national or local emergency, pandemics, acts or omissions of Government, labor disputes of any kind (provided same does not involve the Party's employees), fire, lightning, explosion, technical or network disruptions or any other such similar cause ( each a “Force Majeure Event”). Both Parties agree that any of the events mentioned in this clause 20 shall qualify as a Force Majeure Event only where they cannot be resolved through the exercise of a Party’s reasonable effort or expenditure and a force majeure event is an unforeseeable event.
b. In the event that any Party is unable to perform its obligation(s) under this Agreement as a result of a Force Majeure Event (such Party, the "Affected Party"), shall notify the other Party ("Non- Affected Party") in writing within two (2) days of the occurrence of such Force Majeure Event and parties shall discuss the measures required to be taken by the Affected Party: (a) to resume the performance of its obligation(s) hereunder; and (b) to mitigate the consequences of the Force Majeure Event.
c. Notwithstanding the above, if the Affected Party fails to resume the performance of its obligation(s) under this Agreement (which obligation(s) it has been prevented from fulfilling as a result of a Force Majeure Event) within thirty (30) days of the occurrence of such Force Majeure Event, the Non-Affected Party may terminate this Agreement by giving written notice of such termination to the Affected Party.
21. GOVERNING LAW AND DISPUTE RESOLUTION
a. This Agreement and all matters incidental thereto shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.
b. Any disputes arising under or in connection with the validity, interpretation, and performance of this Agreement that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
c. The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, either Party shall apply to the LCA to appoint an arbitrator.
d. The Arbitration proceedings shall be conducted in Lagos and the decision of any such arbitration shall be final and binding on the parties.
e. This clause shall be severable from the rest of this Agreement and shall remain effective even if this Agreement is cancelled or terminated.
ATTESTATION BY FAIRMONEY MERCHANT:
By accepting this T&C, I certify that I have read, fully understand and accept all the terms outlined in this T&C.